Data Protection Act 2018 (GDPR) Policy and Contact Details

Ryan Jarvis made this Rhyddid Gwybodaeth request to Ministry of Housing, Communities and Local Government as part of a batch sent to 9 authorities

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn rhannol lwyddiannus.

Dear Ministry of Housing, Communities and Local Government,

I am writing to respectfully request the following information in line with the Freedom of Information Act 2000.

1. Details of your Data Protection practices including copies of any policy documents relating to Data Protection within your organisation.

2. Full details of the designated data protection officer for your organisation i.e Name, Address, Tel No, Fax No, E-mail, DX No.

3. Copies of any forms which you organisation requires individuals, legal professionals and organisations to complete should they wish to make a Subject Access Request.

4. Details of your complaints procedure including copies of any complaints policies or guidelines (should anyone wish to make a complaint about the way their SAR or FOI Act request has been dealt with).

If you require any further information or clarity on any of the questions, please do not hesitate to contact me.

Yours faithfully,

Ryan Jarvis

Despatch Box,

                            
Our reference: 3816782             Information request

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Dear Mr Jarvis
 
Freedom of Information Act (2000) - Ref: 3816782
 
Thank you for contacting us on 25 June 2018 requesting the following
information:
 
1. Details of your Data Protection practices including copies of any
policy documents relating to Data Protection within your organisation.

2. Full details of the designated data protection officer for your
organisation i.e Name, Address, Tel No, Fax No, E-mail, DX No.

3. Copies of any forms which you organisation requires individuals, legal
professionals and organisations to complete should they wish to make a
Subject Access Request.

4. Details of your complaints procedure including copies of any complaints
policies or guidelines (should anyone wish to make a complaint about the
way their SAR or FOI Act request has been dealt with).
 
I am dealing with your request under the terms of the Freedom of
Information Act (2000) and aim to send you a response by 23 July 2018.
 
If you have any questions, please ask by return email. Please leave the
subject line unchanged when replying, to make sure your email gets
straight to me.
 
Yours sincerely
 
Rory Cook
FOI Deputy Business Partner
 
 
 
 
NOTE: Please do not edit the subject line when replying to this email.

Despatch Box,

2 Atodiad

                            
Our reference: 3816782             Information request

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Dear Mr Jarvis
 
Thank you for your request for information concerning the following:
 
1. Details of your Data Protection practices including copies of any
policy documents relating to Data Protection within your organisation.

2. Full details of the designated data protection officer for your
organisation i.e Name, Address, Tel No, Fax No, E-mail, DX No.

3. Copies of any forms which you organisation requires individuals, legal
professionals and organisations to complete should they wish to make a
Subject Access Request.

4. Details of your complaints procedure including copies of any complaints
policies or guidelines (should anyone wish to make a complaint about the
way their SAR or FOI Act request has been dealt with)..
 
Unfortunately I am unable to provide all of this information, because we
do not have all of it. I have attached my formal response which sets out
the details, as well as the information that we do hold.
 

Knowledge and Information Access Team

Ministry of Housing, Communities and Local Government

 
NOTE: Please do not edit the subject line when replying to this email.

Dear Ministry of Housing, Communities and Local Government,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Ministry of Housing, Communities and Local Government's handling of my FOI request 'Data Protection Act 2018 (GDPR) Policy and Contact Details'.

While I thank you for the information which has been provided thus far my view is that the decision maker has misinterpreted the legislation relating to your response to question two.

You state that

"The full details you have requested are exempt by way of Section 40 (2) (personal data) of the Freedom of Information Act. The individual whose personal data this relates to has not consented to their personal data being disclosed, and in so doing would prejudice the rights and freedoms of this individual. Additionally they would have an expectation that their personal data is not released.".

The Data protection Act 2018 provides a duty on any organisation which is processing data for the purposes of the Act to supply data subjects with details of the data which is being processed about them and a reasonable expectation would also be that the data subject has full details including contact details of the data protection offer responsible for said data under the act.

My view is that the public interest outweighs that of the data protection officer's in relation to processing activities and also that their is a clear requirement in line with current legislation to provide a data subject with the contact details of the DPO of an organisation who is processing or storing their information.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...

Yours faithfully,

Ryan Jarvis

Despatch Box,

1 Atodiad

                            
Our reference: 3816782             Information request

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Dear Mr Jarvis
Please find attached our response to your request for an internal review
of MHCLG's handling of your FOI request regarding details of the
designated data protection officer.
 
Yours sincerely,
MHCLG FOI Team
NOTE: Please do not edit the subject line when replying to this email.

Gadawodd Ryan Jarvis anodiad ()

Referral made to the ICO to conduct Independent Review on 13 Sep 2018.